TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
v.
The State of Texas, Appellee
NO. A-02-0862-S, HONORABLE THOMAS J. GOSSETT, JUDGE PRESIDING
A jury found appellant Byron Dale Brinkley guilty of five counts of aggravated sexual assault of a child. Tex. Pen. Code Ann. § 22.021 (West Supp. 2004). For each count, the jury assessed a forty-three year prison term and a $10,000 fine.
Appellant's court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Penson v. Ohio, 488 U.S. 75 (1988); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State, 485 S.W.2d 553 (Tex. Crim. App. 1972); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969). A copy of counsel's brief was delivered to appellant, who was advised of his right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.
We have reviewed the record and counsel's brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal.
The judgment of conviction is affirmed.
__________________________________________
David Puryear, Justice
Before Justices Kidd, B. A. Smith and Puryear
Affirmed
Filed: January 15, 2004
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